Feldhusen+v.+Beach+Public+School

Posted by: Hannah Dyal

Feldhusen v Beach Public School District

U.S. Supreme Court

Argued and Decided May 16, 1988

Background:

Beach Public School District offered a voluntary accreditation program to its faculty. A teacher, David Feldhusen enrolled in the program which had the following requirements: "--- a. All plus hours must be graduate hours.

"--- b. Teachers with degrees must acquire 8 semester or 12 quarter hours every five years.

"--- c. Teachers may substitute 16 hours of certified in-service training for 1 quarter hour. See attached policy on in-service hours.

"--- e. All teachers must provide written proof each year by the second Monday in September that they meet above accreditation standards as required by North Dakota Department of Public Instruction. No salary increase will be granted the year accreditation standards are not met and no teacher contract will be offered the following year unless accreditation standards are met."

Feldhusen was enrolled in this program for five years with only six of the twelve required credit hours completed. A letter was sent to him that his contract would not be renewed on the basis of this incomplete program.

According to Feldhusen, he is deserving of a contract based on the school district’s non-renewal policy, "The reasons given by the board for not renewing a teacher's contract must be sufficient to justify the contemplated action of the board and may not be frivolous or arbitrary but must be related to the ability, competence, or qualifications of the teacher as a teacher, or the necessities of the district such as lack of funds calling for a reduction in the teaching staff."

Decision and Rationale:

The court decided that the wording of the school board’s policy was enough to not renew Feldhusen’s contract. He was in no way deserving of any contract from the school district in question. According to the court, termination of his contract was reasonable for lack of qualification.

Impact on Teaching:

Teachers can be terminated if they fail to comply with their school district’s policies on accreditation. Teachers must follow the rules and regulations established by their district in order to obtain a renewal of their contract.

Question:

<span style="font-family: 'Calibri','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt;">When are teachers obligated to follow accreditation policies? <span style="font-family: 'Calibri','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">a) Always <span style="font-family: 'Calibri','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">b) Whenever they are in class <span style="font-family: 'Calibri','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">c) The first six months after they are hired <span style="font-family: 'Calibri','sans-serif'; font-size: 11pt; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">--

Posted By: Randall McCarty

FELDHUSEN v. BEACH PUBLIC SCHOOL DIST.

<span style="color: #243f60; font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 115%;">Civil No. 870354
**<span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 115%;">Background ** <span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 115%;">Beach Public School District No. 3 in North Dakota chose not to renew David Feldhusen’s contract in March of 1987 due to him not receiving all required, and agreed upon, credit hours of continued professional growth. David filed a petition for a writ of mandamus following his receiving of the required credits but after the review of his “teacher qualifications”. The petition was denied by a trial court to which then David filed an appeal.

**<span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 115%;">Decision and Rationale ** <span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 115%;">David claimed that he had a clear legal right to receive a contract from the school system. The court ruled they "will not overturn a trial court's denial of a writ of mandamus unless the trial court has abused its discretion." The court found that David did not have the right to be given a contract by the school because he did not fulfill the requirements of a qualified teacher set forth by the school system, and so discretion was found not to be abused by the court.

**<span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 115%;">Implications ** <span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 115%;">For their own personal growth and maturation teachers should keep up with new educational trends while pursuing a path of continued education, in addition to benefiting by securing a job long term. Teachers should always be aware of what “qualifies” them as such by being sure to keep their certifications up to date.

<span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 115%;">Question: A teacher does not have the right to be given a contract by any school district. T/F